The New Tree Fruit Varieties Development Council (NVDC) has successfully sued for delinquent payment of levies on Ambrosia apples that stem back to 2016 and 2017.

British Columbia judge Andrew Tam has dismissed a claim from an Okanagan grower and his wife that a mandatory levy on Ambrosia apples violates their constitutional rights. The judge ordered that $31,622 be paid by Devin Jell and Janine Jell who operate Gartrell Heritage Farms and Sun-Oka Farms.

The crux of the constitutional challenge was that all Canadians have a right to freedom of association.

"The defendants do not say that they are barred from associating with others,” wrote Judge Tam. “Rather, their complaint is that they are forced to be associated with the council through the payment of the levy.” He noted that all rights have limits and concluded that if the argument succeeded it would have wide-ranging implications.

"If the defendants were correct in their analysis, then it would follow that anyone could object to the payment of any tax on the basis that they do not wish to be associated with the government entity that is imposing it. That is not how it works living in a democratic society and living in a democratic society is something the Charter clearly presupposes," Tam added.

The judge said that the two cents/pound levy was constitutional because it did not "threaten any core liberty interest." He also said that the council's formation and activities were likely instrumental in the Ambrosia apple becoming commercially viable in B.C. and beyond.

After 20 years of being the advocate for Ambrosia through promotion, quality improvement and grower education, the New Tree Fruit Varieties Development Council’s mandate for collection has ended, but it continues to collect from growers who fell behind in remittances. The Council has initiated a study as to the feasibility of a marketing commission for Ambrosia. Initially, this idea was not received favourably, but more recently, there has been renewed interest.

The BC ministry of agriculture is steering an industry stabilization committee that favours a regrouping of roles within the BC apple sector.

Source: Staff